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Robert Bejewski, 50, of Avoca, rents out three apartments in a building on Wood Street in Pittston. A new law spells out a schedule and fees for code enforcement inspections for the property, and Mr. Bejewski doesn't like it.

With a small group on the steps of the Luzerne County Courthouse, Mr. Bejewski's attorney, John F. Bradley, said he met with a judge Thursday and plans to file for an injunction against the ordinance at a Nov. 13 hearing.

Among the areas of contention: The fees charged for inspections, which Mr. Bradley called excessive; a question about asking for tenants' phone numbers; and an issue with the city's nuisance property policy.

Council last updated the city's rental inspection ordinance in October, after negotiations between Mr. Bradley and the city's solicitor. The newest regulations set inspection fees at $100 per inspection, which is good for two years.

Mr. Bradley said the challenge will argue that the fees are illegal because they bring in more money than they cost to implement.

Pittston Manager Joe Moskowitz said that's not the case.

"We're confident that $50 per unit (per year) does not create any additional revenue," he said. "It merely defrays part of the cost."

It costs $50 to pay a code department employee salary and benefits for an hour, Mr. Moskowitz said. Add up the time to do the paperwork, travel to the site and do the actual inspection, and an employee is spending more than an hour on a single property, he said. The city doesn't know exactly how much it will cost to run the program because it is new, he said.

Mr. Bradley also said the lawsuit will take issue with requiring landlords to ask for and hand over tenants' phone numbers and email addresses, making it public. Mr. Moskowitz said the city does ask for that information, but will only release names and addresses to the public as required by law. The city does not have to release names and phone numbers and will not, Mr. Moskowitz said. He said Mr. Bradley filed a Right to Know Law request for tenants' names, addresses, phone numbers and emails, and the city only supplied names and phone numbers.

Another item of contention is the city's nuisance property ordinance, which Mr. Bradley asserts is unconstitutional. The ordinance assigns "strikes" to tenants when someone is charged with a crime at the property. Too many strikes, and the city may kick out a tenant. Mr. Moskowitz said the city's solicitor reviewed the law and deemed it legal.

Pittston is home to at least 1,700 rental properties, Mr. Moskowitz said. The city doesn't know the exact number, which is one reason it has recently bolstered its code enforcement department.

Contact the writer: bwellock@citizensvoice.com

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